What's happening
This bill requires county clerks or city registrars to notify property owners by mail when their residential property is sold or transferred.
Why it matters
Enhances property owner awareness. By mandating that clerks or registrars notify current property owners by mail when their property is sold or transferred, the bill aims to reduce the risk of owners being unaware of changes to their property’s title—potentially helping them catch unauthorized or fraudulent transfers sooner.
Provides a clear, standardized warning. The bill specifies the exact language, format, and prominent heading (“NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY”), ensuring that property owners receive a clear, official notification that is difficult to overlook or mistake for routine mail.
Creates avenues for owners to respond to suspected fraud. The notice explains what steps to take if the owner has questions or suspects fraud—including seeking legal counsel or contacting law enforcement—thereby empowering owners to act quickly in the event of a suspicious transfer.
Places cost responsibility on the party seeking the transfer. By requiring the party requesting the property recording to pay for the notification mailing, the measure avoids passing extra administrative costs onto taxpayers or property owners who are not involved in the transaction.
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Who cares
Residential property owners
They would receive mailed notice of a recorded ownership transfer, though failure to mail or receive it would not invalidate the conveyance.
County clerks and city registrars
They would have to mail the prescribed notice to the owner of record and could charge a reasonable mailing fee.
Parties recording residential conveyances
They would bear the cost of the required written notice.
Local law enforcement agencies and the New York City sheriff’s office
The notice would direct owners who believe a recording involves a crime to contact these offices.
Headline styles
Notify Homeowners of Property Sales
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
History
- Substituted by S5372
- Advanced to third reading cal.216
- Reported
- Print number 440a
- Amend and recommit to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Notify Owners of Property Transfers
Signed by Governor · Sponsor Leroy Comrie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
440--A
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. PERRY, BARRON, COOK, HYNDMAN, TAYLOR, RIVERA, WILLIAMS, WRIGHT, WEPRIN, WALLACE -- Multi-Sponsored by -- M. of A. BENEDETTO, COLTON, DE LA ROSA, GALEF, L. ROSENTHAL, SIMON, TITUS -read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the real property law, in relation to notice of sale or transfer of ownership of residential property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 291 of the real property law, as amended by chapter 447 of the laws of 1984, is amended to read as follows:
§ 291. Recording of conveyances. A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated, and such county clerk or city registrar where applicable shall, upon the request of any party, on tender of the lawful fees therefor, record the same in [his] said office. Every such conveyance not so recorded is void as against any person who subsequently purchases or acquires by exchange or contracts to purchase or acquire by exchange, the same real property or any portion thereof, or acquires by assignment the rent to accrue therefrom as provided in section two hundred ninetyfour-a of [the real property law] this article, in good faith and for a valuable consideration, from the same vendor or assignor, his distributees or devisees, and whose conveyance, contract or assignment is first duly recorded, and is void as against the lien upon the same real property or any portion thereof arising from payments made upon the execution of or pursuant to the terms of a contract with the same
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05315-02-9
A. 440--A 2
vendor, his distributees or devisees, if such contract is made in good faith and is first duly recorded. Notwithstanding the foregoing, any increase in the principal balance of a mortgage lien by virtue of the addition thereto of unpaid interest in accordance with the terms of the mortgage shall retain the priority of the original mortgage lien as so increased provided that any such mortgage instrument sets forth its terms of repayment. The clerk of the county or city registrar where such conveyance of residential real property is recorded and maintained shall mail a written notice of such conveyance to the owner of record. The notice shall have the heading printed in 20 point bold type and read as follows: "NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY. To:______________________________
Name of owner of record
Our records show that you are listed as the current owner of record for residential property:
Block # __________ Lot # ________
Located At: ___________________________
street address
in the county of __________________ New York On ____________, documents were filed at this
date office to change ownership and transfer title of your property.
To: ______________________________
name of new owner
If you have any questions regarding the validity of the documents, and wish to dispute the recording of the transfer, you should obtain legal counsel. If you believe you are a victim of a crime related to this recording, contact your local law enforcement agency or, if in the City of New York, the office of the sheriff." The party seeking to record such conveyance shall bear the cost of such written notice. The clerk of the county or city registrar is entitled to charge a reasonable fee to cover the cost of mailing the envelope to the owner of record. Failure to mail such notice or the failure of any party to receive the same, shall not affect the validity of the conveyance of the property.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.